Will Continue To Engage Diplomatically With UAE Authorities To Obtain Information About 'Jailed' Software Engineer: MEA To Delhi High Court

Responding to a father’s plea seeking information about his son who is stated to have been jailed in United Arab Emirates, the Union Ministry of External Affairs has told the Delhi High Court that it will continue to engage diplomatically with the authorities in Abu Dhabi through Indian Embassy to obtain relevant information on the case.

The submission was made in a short affidavit filed by the Union of India through the Ministry of External Affairs after the court in February asked it to obtain all relevant information relating to the person from the authorities in Abu Dhabi.

It is the case of Zakir Hussain, 54, that despite repeated efforts made by him as well as Indian authorities, no reasons or details regarding the reason for his son’s detention have been shared with him. His son, who is a software engineer, went missing on the intervening night of 20-21 July, 2019, according to the petition.

The Union Government has said that since Hussain’s son has been detained by UAE authorities for a crime that was purportedly committed there, the role of Ministry of External Affairs is “extremely limited and narrow.”

“The answering Respondent can, at best, pursue the matter with the UAE authorities, both diplomatically and legally, but it is not within the power or discretion of the Respondent authority to bring the son of the Petitioner back to India,” the response submits.

The government has said that during informal discussions with the UAE authorities, the Indian Embassy has learnt that Hussain’s son has been sentenced to 15 years imprisonment, which has been reduced to 10 years and deportation to India after completion of sentence. As per the affidavit, he has been in a Abu Dhabi jail since January 24, 2020.

“Due to persistent efforts of the Respondent Authority, the Embassy got consular access thrice to meet Mr. Saleem in the jail. According to the jail authorities, he will be released once the jail term is over,” the Union Government has said.

The response further states that the Indian Embassy had also engaged the services of an empanelled law firm in Abu Dhabi to obtain the judgment copy of the case in February 2022. However, despite multiple efforts, it was unable to obtain it as the same was not provided by the concerned court.

“However, these efforts have not yielded positive results. As a result, the law firm has communicated to the Embassy on 06.03.2023 that they would no longer handle the case. The Embassy is exploring other law firms who are willing to take up the case,” the affidavit reads.

It adds: “The Respondent submits that Embassy has been pursuing and will continue to pursue the matter with the UAE authorities. However, since M.r S a l e m has been sentenced by a foreign judicial authority and is presently serving the sentence the role of the Embassy is limited.”

During the hearing on April 21, Advocate Shahrukh Alam representing Hussain submitted before Justice Prathiba M Singh that while the Mutual Legal Assistance Treaty may not be applicable in the matter, there are other treaties which can grant relief to the father.

The Union of India has, however, maintained the stand in the affidavit that it may request UAE authorities for considering the case under the Transfer of Sentenced Persons Agreement, if Hussain so wishes.

While listing the matter for hearing on May 12, the court requested a senior official from the Ministry of External Affairs or Indian Embassy in UAE to join the proceedings virtually for informing the steps taken to assist Hussain.

While issuing notice in the plea, the court had asked the Indian Embassy in Abu Dhabi to coordinate with the local lawyers and also obtain details of any case which may have been instituted against Hussain’s son or any other order that may have been passed against him.

In his plea, the 54-year-old has submitted that while his son is permitted to call his family twice a week for about 5 to 8 minutes, he is instructed to only speak in English language, adding that till date no reason has been provided for his detention.

“It is submitted that the lack of information is not only deeply disturbing but is also preventing the Petitioner from resorting to further legal remedies and is actively preventing him from taking any legal action for bringing his son back to India (including but limited to making an application under the Repatriation o f Prisoners Act, 2003),” the plea states.

The plea has been moved through Advocates Shahrukh Alam, Akriti Chaubey, Shantanu.

Title: Zakir Hussain v. Union of India

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